Last update: 10:00 M, 26 May 1996

Progress of Testimony Analysis

The testimony presented here has been reformated for consistancy of sequence and subject.

Prior to completion of these pages, we expect to intersplice links to the specific "raw" testimony. At present, there are space constraints which prohibit this approach.

Summation

Where is the Bronco?

Beginning at 7:00, when Brian "KATO" Kaelin joins OJ Simpson at the Rockingham kitchen table, there is NO testimony establishing the Bronco's location at Rockingham. There is absolutely NO testimony establishing that the Bronco is at Rockingham. So we have the logical -- Where is the Bronco? Those who seek to force the testimony towards either guilt, or innocence, focus on subsequent events. But, for those who have no bias, the investigation must begin at the beginning.

The Prosecution becomes engrossed in estblishing the Bronco ABSENCE from Rockingham. They have failed to establish, for the jury, that the vehicle was available to the defendant. Thus, they eliminated a critical element.


The DARK CAR was never explained.

In this case, the absence of the Bronco excludes Simpson having the MEANS to get to and from 875 South Bundy within the requisite time available. This negates the need to examine OPPORTUNITY; but, examining OPPORTUNITY -- the time of the crime -- remains an obligation. To fulfill tht obligation requires establishment of the time of the murders.

Again, thanks to The Prosecution, there are questions to address with regard to the various time factors associated with the "Crime of the Century".

When were the murders?

The Prosecution began by asserting the murders occurred at 10:15 PM, and the killer had departed by 10:45.

The prosecution introduced certain problems in their timeline:

The Prosecution had a credibility problem -- they had interviewed Pilnak, Mandel, Aaronson, Heidstra and Harmon. Unfortunately, they had already committed themselves to the conviction of OJ Simpson by conducting a Grand Jury hearing and a Preliminary Hearing prior to discovering these witnesses. These individuals became defense witnesses when their existance was disclosed as part of the "discovery process".

"Rush to Judgement"

Johnnie Cochran used the term "Rush to Judgement" to discribe the arrest of OJ Simpson. That assertion is consistant with the above facts, and goes a long way towards explaining the duel trials conducted by Marcia Clark.

Prior to discovering that the murders were after 10:30, Clark had already committed herself -- and Los Angeles County -- to prosecuting Simpson. With the discovery of these witnesses, it became self-evident that Simpson was innocent. The County was therefore unable to backoff from continuing the prosecution. To admit that they had erred would open the County, District Attorney and Police Department to civil liability.

The full number and scope of potential liability varies between jurisdictions; but, suffice it to say, it would be a career breaker for all involved.

QUANDRY
Would an honest Prosecutor seek to convict an innocent man?

Viewed from the perspective of this question, the "errors" in failing to establish the location of the Bronco, and failing to explain the "second car", introduce an interesting series of possibilities.

We can apply the term "inevitable" to the verdict because of the answer associated with the initial question: "Where is the Bronco?" Based on the totality of Bronco testimony, as presented to the jury - we don't know. Based on the "second car" testimony - it was either at Rockingham, or with Arnelle Simpson.

We can apply the term "inevitable" to the verdict because of the answer associated with the initial question: "When were the murders?" By the defense producing time witnesses known to the prosecution - witnesses who establish an exacting time frame for the murders - the prosecution credibility evaporated. The concession to the defense timeline incorporated in Darden's summation established defense credibility in that area.

The verdict was sealed with the introduction of Mark Fuhrman as the sole officer responsible for all the linking evidence and theories. This was reinforced by the disclosure that the prosecution had allowed witnesses to "lie" about the timing of the Fuhrman Bundy photographs.


=== Testimony Time Analysis ===
"Kaelin's Earthquake"

The prosecution witnesses, Kaelin & Park, have established either the was not at Rockingham, or it was there the whole time. Therefore, the Bronco could NOT have been associated with the Right Glove - much less it being on the South Pathway behind the Rockingham Estate. By accounting for the access to the South Pathway from 10:50 on, Kaelin precludes the glove from being associated with his "earthquake". The activity with the entry lights establish establish that Simpson was inside prior to Kaelin initially checking the Pathway. Which leads us to the conclusion that, even if OJ Simpson had committed the double murders,
The Rockingham {right hand} glove had to be planted.
This then raises questions about fibers on the glove, which have been associated with the carpet in the Bronco. For those fibers to have adhered to the blood, the blood soaked gloves had to be in the Bronco after the murders. But, since the time factors preclude this, the fiber evidence becomes proof that the victim's blood -- in the bronco -- was also planted. With both elements of evidence established to be planted, it follows that the related DNA testimony is meaningless.

We can now return to Simpson's Blood at Bundy. The blood on the rear gate appeared a week after the detectives and prosecution had taken the Heidstra statement. It was also subsequent to the confirming Pilnak statement. This allows ample time for Fuhrman -- or, because it was Lange who called Fung, Vannatter -- to have determined the need to bolster the evidence against Simpson. Initially, the altering of the bindle evidence -- the drops to the left of the footprints -- would have been done. But to accomplish the bindle exchange, one would first need to obtain a sample of Simpson's blood -- the missing 1.5 cc. This would also account for the drips around the edge of the vial. Some blood could then be transported to Bundy.

The credibility of the Simpson blood evidence from Bundy is further reduced by the fact that test results were given to the media prior to the test being completed, or recorded.

Once again, establishing that the verdict for acquital was inevitable and opens the way to more factors which go to underscore "Petrocelli's Dilemma".

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